HomeMy WebLinkAboutCost Recovery Systems Inc - Service Contract - RFP No. 124092012 - 12-09-24L/UUU"1 1I CIIVCIuyI ILl. 0%,r GU IJO_p IUOW/ 1J-00L 1-L'4000P10U/U I
SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and COST RECOVERY SYSTEMS, INC., a
California corporation (Contractor) as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to
Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special
Conditions", "Federal Conditions", "Functional Specifications" and "Technical
Requirements" for the following: (Request for Proposals No. 12402012 copies of which
are annexed hereto, together with all the documents specifically referred to in said
annexed documents, including the Performance Bond, if required, are hereby
incorporated into and made a part of this Contract, and shall be known as the Contract
Documents. All typed modifications or handwritten changes to these documents shall be
made part of the contract, so long as the typed modifications or handwritten changes is
made prior to execution of this contract by all parties.
2. PRICE. For the monetary consideration of THIRTY TWO THOUSAND FIVE
HUNDRED DOLLARS AND ZERO CENTS ($32,500.00), as set forth in the
Proposal, Contractor promises and agrees to perform or cause to be performed, in a good
and workmanlike manner, and to the satisfaction of City, and in strict accordance with the
Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in
the Contract Documents.
4. INDEMNIFICATION. To the furthest extent allowed by law, including California
Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and
each of its officers, officials, employees, agents, and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including, but not limited to personal injury, death at any time and property
damage) and from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees, litigation expenses and cost to enforce this Agreement) that
arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of
Contractor, its principals, officers, employees, agents, or volunteers in the performance
of this Agreement.
If Contractor should subcontract all or any portion of the work to be performed
under this Contract, Contractor shall require each subcontractor to indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
[Signatures follow on the next page.]
3301370
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by City shall be subsequent to that
of Contractor's, and this Contract shall be binding and effective upon execution by both
parties.
CITY OF FRESNO,
A CaVbrinia4niipicipal corporation
By: LUSSa 12/4/2024
Melissa Perales
Purchasing Manager
General Services Department
APPROVED AS TO FORM:
ANDREW JANZ
City t����,y
�q,�,��, 12/9/2024
By:
Brandon collet Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
Clty by
By: I t" ft, qbw 12/9/2024
Tina M. Your Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Santino Danisi, Controller
2600 Fresno Street
Fresno, CA 93721
Telephone: (559) 621-7006
E-Mail: santino.danisi@fresno.gov
COST RECOVERY SYSTEMS,
A Capfow0iagoevporation
LgVXU�k �,lr+ VJ,,. 12/4/2024
By.EB2271308D06439.
Annette Chinn
Name:
Title: President
(If corporation or LLC., Board Chair, Pres. or
p c6�S�d}ny:
i�WAt& 12/4/2024
By: Fi37P71A69tnn64if!
Annette Chinn
Name:
Title:
Secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
DocuSigned by:
AIR. Qc� 12/4/2024
Dyan Ayala
CONTRACTOR:
Cost Recovery Systems, Inc.
Attention: Annette Chinn, President
705-2 Bidwell Street, #294
Folsom, CA 95630
Telephone: (916) 939-7901
E-Mail: achinncrs@aol.com
3301370
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ATTACHMENT A:
Described Services
CONTRACTOR shall perform the services in the following manner:
The CONTRACTOR will prepare the State Mandate Reimbursement Claims for the City -for period as
described in the attached Scope of Work.
The CONTRACTOR agrees to prepare and submit required reports on or before the State's reporting
deadlines. The CITY shall submit to the CONTRACTOR current year data for the appropriate fiscal
years. The CONTRACTOR shall provide guidance to the CITY in determining the data required for the
services hereunder.
Due to the specific nature of the services being provided by the CONTRACTOR, the CONTRACTOR
does not represent nor warrant that the State will approve any request for reimbursement
submitted by CITY. The CONTRACTOR agrees to use best efforts to seek approval for each request
for reimbursement, however CITY understands that disallowances or reductions may occur as
results of, but not limited to, differences in interpretation of the scope of the mandates, insufficient
or inadequate documentation, and/or insufficient of inadequate proof of costs incurred. For these
reasons, the CONTRACTOR cannot and will not be held liable for the reduction or denial of any
request for reimbursement.
CONTRACTOR will file the claims with the information provided by CITY and shall assume that all
information and materials provided by CITY are correct and complete. The CONTRACTOR shall in
no way be liable for reductions and disallowances made, for whatever reason, by the State.
CITY agrees to provide all information needed to complete the claims six weeks prior to the
established due date or three weeks after the data has been requested by the CONTRACTOR,
whichever is first. If information has been received in a timely manner, CONTRACTOR agrees to
complete and file the claims) on or before the date established for submitting such claims to the
State of California. CONTRACTOR shall not be responsible for late penalties or for the loss of
claiming opportunities is CITY does not provide complete, insufficient, and timely information.
If data is not provided in a timely manner and CONTRACTOR is unable to complete the claims, the
claims shall be submitted late, when allowed bythe State. CITY understands that late claims are
subject to a 10% penalty up to a year after the original due date. CITY understands that the State
does not allow that claims be submitted more than a year after the original due date.
The CITY shall be responsible for reviewing and ensuring accuracy and correctness of information
in the claim forms prior to signing and returning signature pages to the CONTRACTOR for filing with
the State.
Liability of CONTRACTOR to CITY under this Agreement with regard to all work and services
performed or provided by CONTRACTOR for CITY under this Agreement including but not limited to
any loss, injury, damage, claim, lawsuit, cost, expense, attorney's fees, litigation costs, or any other
costs arising out of or in any way related to the performance of this agreement, shall be limited to
the insurance proceeds.
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To the extent not offset by the CONSULTANT'S insurance coverage, and to the maximum extent
permitted by applicable laws, in no event shall CONSULT ANT'S cumulative liability including lost
profits, or punitive, consequential, or indirect damages, exceed the total fee actually paid by CITY to
CONSULTANT under the applicable Proposed Scope of Work.
CITY acknowledges and agrees that but for the above limitation of liability, CONTRACTOR would not
be able to provide the services for CITY under this Agreement for the prices applicable to the
Agreement, and that this limitation of liability is reasonable.
Computerized claim forms and other proprietary software and materials are the sole ownership of
the CONTRACTOR, and shall not be used or distributed in any way bythe CITY.
bt/Llr12.�
Santi o Danisi, Cit ontroller Date